Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court --- whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So here is what it looks like in a typical old-fashioned foreclosure…[...]

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Tags: best evidence, evidence, FOUNDATION, testimony, TRIAL OBJECTIONS, witness
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing |

I think that the CFPB, FTC and SEC continue to miss the point. The base of "deceptive and unsubstantiated representations" comes from the banks and their lawyers. CONSUMER FINANCIAL PROTECTION BUREAU ANNOUNCES SETTLEMENT WITH FORECLOSURE RELIEF SERVICES COMPANY AND ITS OWNER WASHINGTON, D.C. – On July 20, 2020, the United States District Court for the Central District of California entered a…[...]

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NOTE: BE AWARE THAT WELLS FARGO AND OTHERS MAY HAVE PUT YOUR TRANSACTION IN A FORBEARANCE PROGRAM WITH UNKNOWN TERMS. ======== I think that the banks have unfairly benefited from assumptions regarding the connection between the cessation of payments by homeowners and the existence of a default. * I think that there are elements of a default that we have never had to think…[...]

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Posted in discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

Practitioners should attack the default letter and stop pretending it doesn't count or doesn't exist. It is not the homeowner who misses a payment it is the creditor who misses receiving it. If there is no creditor, there can be no default. If there is no financial accounting report that establishes the debt has an asset on the books of…[...]

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Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Attorney Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays On the Neil Garfield Show today host Charles Marshall, Esq. will break down the latest trends and developments in the Covid-19 landscape, addressing the following legal areas in order to apprise borrowers what they can do to slow or…[...]

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The proposed rule change would basically change the effect of all statutory and common law. It defines a "true lender" as EITHER someone who funds the transaction OR anyone who is called a lender in the closing documents for the homeowner transaction.  If this rule goes into effect it would conflict with state law in all jurisdictions and federal law…[...]

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The inability of the Defendant to name a viable creditor should not translate as a burden of proof shifting to the defendant. Nor should it translate as the basis for any assumption or presumption that the plaintiff must be the creditor because the homeowner can't name an alternative.  in the successful effort to keep everyone remote from the "borrower" the…[...]

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Major banks, including Citigroup, JPMorgan and Morgan Stanley used massive trading revenues to beat profit expectations despite the continued struggles of the United States economy during the coronavirus pandemic. Those trading units tend to perform best when markets are volatile, helping to guard the major banks against economic struggles. see https://www.cnbc.com/2020/07/17/without-big-wall-street-trading-arms-regional-banks-lean-on-mortgages-and-fees-to-beat-earnings.html Way back in 2006 and 2007 and when I first started publishing articles about the…[...]

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Posted in Corruption, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

The only way that enforceability of the homeowner transaction can be preserved is through common law contract, in which UCC presumptions would probably not apply I recently received a question from a paralegal asking a question I constantly receive --- where do I find my loan. Or more specifically how to find out which trust owns my loan. the answer…[...]

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Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

I received an email from one of my most prolific contributors that I am republishing here because virtually everything in it is entirely correct. I especially approve of her point about the fact that servicer advances are funded from proceeds of public offerings of stock that were all purchased by the Wall Street banks who did the underwriting.  Substance over…[...]

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Tags: Pennymac, TRUTH
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |